HANOVER FIRE INS. CO. v. SCROGGS

35754.

92 Ga. App. 548 (1955)

88 S.E.2d 703

HANOVER FIRE INS. CO. OF NEW YORK v. SCROGGS.

Court of Appeals of Georgia.

Rehearing Denied July 25, 1955.


Attorney(s) appearing for the Case

Wheeler, Robinson & Thurmond, A. C. Wheeler, R. F. Schuder, for plaintiff in error.

Stow & Andrews, Robert E. Stow, contra.


TOWNSEND, J.

1. In an action on an insurance policy, the proof that the car was stolen makes out a prima facie case for recovery under policy provisions insuring against theft (Staten v. General Exchange Ins. Corp. of New York, 38 Ga.App. 415, 144 S. E. 53), and the burden of proving that the defendant is not liable because the loss falls within the terms of an exclusion clause is upon the defendant. North British &c. Ins. Co. v. Mercer...

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